Can a Parent Unilaterally Change a Child’s School in Australia?

Question from Lex, Can a Parent Unilaterally Change a Child’s School in Australia?

Answer from AI:

In Australia, decisions about major long-term issues concerning a child, such as education, are typically made jointly by both parents. This is in line with the Family Law Act 1975, which promotes shared parental responsibility. However, the specifics can vary depending on the details of your custody agreement and the circumstances of your case.

Shared Parental Responsibility

Under the Family Law Act 1975, when making parenting orders, the court presumes that it’s in the best interests of the child for the child’s parents to have equal shared parental responsibility. This means that both parents should have a say in major decisions affecting the child’s life, including their education.

Exceptions to Shared Parental Responsibility

There are exceptions to this rule. For example, if there is evidence of abuse or family violence, the court may not order shared parental responsibility. Additionally, if your custody agreement specifies that one parent has sole responsibility for decisions about education, then that parent could potentially change the child’s school without the other parent’s consent.

Disputes Over Schooling Decisions

If you and your ex-partner cannot agree on which school your child should attend, you may need to seek legal advice or consider dispute resolution services. In some cases, you may need to apply to the court for an order regarding your child’s schooling.

Steps to take if you disagree with the school change:

• Communicate: Discuss your concerns with your ex-partner. It’s often best to resolve these issues through communication if possible.
• Mediation: If communication doesn’t resolve the issue, consider using a family dispute resolution service. This is a form of mediation that can help you reach an agreement.
• Legal Advice: If you’re unable to resolve the dispute through mediation, you may need to seek legal advice. A lawyer can help you understand your rights and options.
• Court Application: In some cases, you may need to apply to the court for an order regarding your child’s schooling. This should be a last resort, as court proceedings can be stressful and costly.

Remember, this information is general in nature and may not apply to your specific situation. It’s always a good idea to consult with a legal professional for personalized advice.